Proposal for a Council Regulation terminating the partial interim review of the anti-dumping measures imposed by Regulation (EC) No 1487/2005 on imports of certain finished polyester filament fabrics originating in the People's Republic of China
Date: 2009-08-19
Institutions: European Commission
Subjects: China, anti-dumping legislation, anti-dumping measure, import, man-made fibre, originating product

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 19.8.2009 
COM(2009) 429 final 

Proposal for a 

COUNCIL REGULATION 

terminating the partial interim review of the anti-dumping measures imposed by 
Regulation (EC) No 1487/2005 on imports of certain finished polyester filament fabrics 
originating in the People's Republic of China 

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EXPLANATORY MEMORANDUM 

1. 

Context of the proposal 

•  Grounds for and objectives of the proposal 

This  proposal  concerns  the  application  of  Council  Regulation  (EC)  No  384/96  of  22 
December 1995 on protection against dumped imports from countries not members of 
the European Community, as last amended by Council Regulation (EC) No 2117/2005 
of 21 December 2005 (‘the basic Regulation’) in the proceeding concerning imports of 
certain finished polyester filament fabrics originating in the People's Republic of China 
(PRC). 

•  General context 

This proposal is made in the context of the implementation of the basic Regulation and 
is the result of an investigation which was carried out in line with the substantive and 
procedural requirements laid out in the basic Regulation. 

•  Existing provisions in the area of the proposal 

Council Regulation (EC) No 1487/2005 of 12 September 2005, imposing a definitive 
anti-dumping duty on imports of certain finished polyester filament fabrics originating 
in the People's Republic of China (PRC), as last amended by Council Regulation (EC) 
No 1087/2007 of 18 September 2007. 

•  Consistency with other policies and objectives of the Union 

Not applicable. 

2. 

Consultation of interested parties and impact assessment 

•  Consultation of interested parties 

Interested parties concerned by the proceeding have had the possibility to defend their 
interests during the investigation, in line with the provisions of the basic Regulation. 

•  Collection and use of expertise 

There was no need for external expertise. 

•  Impact assessment 

This proposal is the result of the implementation of the basic Regulation. 

The  basic  Regulation  does  not  foresee  a  general  impact  assessment  but  contains  an 
exhaustive list of conditions that have to be assessed. 

3. 

Legal elements of the proposal 

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•  Summary of the proposed action 

On  26  June  2008,  the  Commission  initiated  a  partial  interim  review  investigation 
limited  to  the  product  scope  of  the  anti-dumping  measures  applicable  to  imports  of 
certain finished polyester filament fabrics originating in the PRC. 

The applicant claimed that a so-called “Tape grade” product type should be excluded 
from  the  scope  of  the  measures  on  the  grounds  that  this  product  has  different 
characteristics and end-use than the other types of product under measures. 

The investigation revealed that despite certain differences, Tape grade and other types 
of  product  under  measures  shared  the  same  basic  physical,  technical  and  chemical 
characteristics.  Moreover,  it  could  not  be  demonstrated  that  Tape  grade  had  a  single 
possible use and that Tape grade and other types of product under measures were not 
interchangeable. Therefore, it is concluded that the partial interim review of the anti-
dumping measures applicable to imports of certain finished polyester filament fabrics 
originating in the People's Republic of China should be terminated without amending 
the measures in force.  

It is therefore proposed that the Council adopt the attached proposal for a Regulation 
terminating  the  partial  interim  review,  which  should  be  published  in  the  Official 
Journal.  

•  Legal basis 

Council  Regulation  (EC)  No  384/96  of  22 December  1995  on  protection  against 
dumped  imports  from  countries  not  members  of  the  European  Community,  as  last 
amended by Council Regulation (EC) No 2117/2005 of 21 December 2005. 

•  Subsidiarity principle 

The proposal falls under the exclusive competence of the Community. The subsidiarity 
principle therefore does not apply. 

•  Proportionality principle 

The proposal complies with the proportionality principle for the following reason: 

The form of action is described in the above-mentioned basic Regulation and leaves no 
scope  for  national  decision.  Indication  of  how  financial  and  administrative  burden 
falling  upon  the  Community,  national  governments,  regional  and  local  authorities, 
economic operators and citizens is minimized and proportionate to the objective of the 
proposal is not applicable.  

•  Choice of instruments 

Proposed instrument: Regulation. 

Other  means  would  not  be  adequate  because  the  basic  Regulation  does  not  foresee 
alternative options. 

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4. 

Budgetary implication 

The proposal has no implication for the Community budget. 

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Proposal for a 

COUNCIL REGULATION 

terminating the partial interim review of the anti-dumping measures imposed by 
Regulation (EC) No 1487/2005 on imports of certain finished polyester filament fabrics 
originating in the People's Republic of China 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community,  

Having  regard  to  Council  Regulation  (EC)  No  384/96  of  22  December  1995  on  protection 
against dumped imports from countries not members of the European Community1 ('the basic 
Regulation'), and in particular Article 11(3) thereof, 

Having  regard  to  the  proposal  submitted  by  the  Commission  after  consulting  the  Advisory 
Committee, 

Whereas: 

1. 

(1) 

MEASURES IN FORCE 

By Regulation (EC) No 1487/20052 (‘the original Regulation’), the Council imposed a 
definitive anti-dumping duty on imports of certain finished polyester filament fabrics 
(‘PFF’  or  'the  product  concerned')  originating  in  the  People’s  Republic  of  China 
(‘PRC’ or 'the country concerned'). The investigation period used in the investigation 
that led to the aforesaid Regulation ('the original investigation') was the period from 1 
April 2003 to 31 March 2004 (‘the original IP’). 

(2) 

Following  an  anti-absorption  reinvestigation,  these  measures  were  amended  by 
Council Regulation (EC) No 1087/20073. The duty rates currently in force range from 
14,1% to 74,8%. 

2. 

PROCEDURE 

2.1. 

Request for review 

(3) 

On 1 April 2008, the Commission received a request pursuant to Article 11(3) of the 
basic Regulation to initiate a partial interim review to examine whether certain product 
types fall within the scope of the current anti-dumping measures.  

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3 

OJ L 56, 6.3.1996, p. 1. 
OJ L 240, 16.09.2005, p. 1. 
OJ L 246, 21.09.2007, p. 1. 

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(4) 

(5) 

The request was lodged by Hüpeden GmbH & Co. KG (‘the applicant’), an importer 
located in Germany. 

The  applicant  alleged  that  the  product  it  imports  is  only  used  to  produce  a  special 
adhesive tape for insulation of cables within the wiring harnesses of engines, mainly 
engines  of  cars  (hereinafter  ‘Tape  grade'),  and  that  the  technical  and  chemical 
characteristics of this Tape grade are different from those of the product concerned as 
defined  in  the  original  investigation.  In  particular,  the  tensile  strength  and  the 
colouring of Tape grade seemed to be different. The applicant alleged that Tape grade 
should therefore be considered as being outside the scope of the original investigation 
and thus not be subject to the abovementioned measures. 

2.2. 

Initiation 

(6) 

Having determined, after consulting the Advisory Committee, that sufficient evidence 
existed to justify the initiation of a partial interim review, the Commission announced 
by a notice published on 26 June 2008 in the Official Journal of the European Union4 
the initiation of a partial interim review in accordance with Article 11(3) of the basic 
Regulation, limited to the examination of the product scope. In particular, the review 
had to determine whether or not Tape grade is part of the product concerned as defined 
in the original investigation. 

2.3. 

Review investigation 

(7) 

(8) 

(9) 

The  Commission  officially  advised  the  authorities  of  the  PRC,  and  all  other  parties 
known to be concerned, i.e. exporting producers in the country concerned, producers 
as well as users and importers in the Community, of the initiation of the partial interim 
review investigation. Interested parties were given the opportunity to make their views 
known  in  writing  and  request  a  hearing  within  the  time  limit  set  in  the  notice  of 
initiation.  All  interested  parties,  who  so  requested  and  showed  that  there  were 
particular reasons why they should be heard, were granted a hearing. 

The Commission sent questionnaires to all parties known to be concerned and all other 
parties  which  made  themselves  known  within  the  deadlines  set  out  in  the  notice  of 
initiation. 

In view of the scope of the review, no investigation period was set for the purpose of 
this review. The information received in the questionnaire replies covered the period 
from  1  July  2007  to  30  June  2008  ('period  considered').  For  the  period  considered, 
information  concerning  sales/purchases  volume  and  value,  production  volume  and 
capacity  for  Tape  grade  and  all  PFF  types  was  requested.  In  addition,  the  parties 
concerned  were  asked  to  comment  on  any  differences  or  similarities  between  Tape 
grade  and  other  types  of  PFF  with  respect  to  their  production  process,  technical 
characteristics, end-uses, interchangeability, etc. 

(10)  Questionnaire  replies  were  received  from  the  applicant,  one  Chinese  exporting 
producer  of  Tape  grade,  one  Community  producer  of  Tape  grade,  two  Community 
producers of other types of PFF and one user of Tape grade. 

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OJ C 163, 26.6.2008, p. 38. 

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(11)  The  Commission  sought  and  verified  all  information  deemed  necessary  for  the 
purpose of the assessment as to whether there was a need for amendment of the scope 
of  the  existing  anti-dumping  measures  and  carried  out  verification  visits  at  the 
premises of the following companies: 

–  Hüpeden GmbH & Co. KG, Hamburg, Germany, 

–  TFE Textil, Nüziders, Austria, 

–  Wujiang Glacier Fabrics, Wujiang, the People's Republic of China. 

(12)  All  parties  were  informed  of  the  essential  facts  and  considerations  on  the  basis  of 
which  the  conclusions  of  the  present  review  investigation  were  drawn  (‘final 
disclosure’).  They  were  also  granted  a  period  within  which  they  could  make 
representations subsequent to this disclosure.  

(13)  The  oral  and  written  comments  submitted  by  the  parties  have  been  duly  considered 

and replied to in the recitals that follow.  

3. 

PRODUCT CONCERNED 

(14)  The  product  concerned  is,  as  defined  in  the  original  Regulation,  woven  fabrics  of 
synthetic  filament  yarn  containing  85%  or  more  by  weight  of  textured  and/or  non 
textured polyester filament, dyed (including dyed white) or printed originating in the 
People's Republic of China, currently falling within CN codes ex 5407 51 00, 5407 52 
00, 5407 54 00, ex 5407 61 10, 5407 61 30, 5407 61 90, ex 5407 69 10, and ex 5407 
69 90.  

4. 

FINDINGS OF THE INVESTIGATION 

(15) 

It  was  first  examined  whether  Tape  grade  falls  within  the  scope  of  the  measures 
imposed  on  certain  finished  polyester  filament  fabrics  originating  in  the  PRC  as 
described  in  original  Regulation.  It  was  subsequently  examined  whether  the  product 
scope could be amended on the ground that Tape grade and the other types of PFF do 
not form a single product. 

4.1. 

Scope of the original investigation 

(16) 

(17) 

It  is  recalled  that  PFF  are  produced  by  weaving  yarns  of  polyester  into  a  fabric  and 
applying  a  finishing  to  this  fabric.  The  yarns  can  be  pre-dyed  or  not.  The  finishing 
consists generally of printing or dyeing the woven fabrics but further finishing can be 
applied to produce a peach skin effect or make the fabric, for instance, water-repellent.  

In  recital  (8)  of  the  original  Regulation  it  is  mentioned  that  the  product  concerned 
should  be  distinguished  from  woven  polyester  filament  fabrics  of  yarns  of  different 
colours,  for  which  pre-dyed  yarn  is  woven  into  cloth,  and  the  design  is  created  by 
weaving the pattern. These fabrics fall within CN codes 5407 53 00 and 5407 61 50 
and  are  excluded  from  the  scope  of  the  product  and  thus  from  the  anti-dumping 
measures in force. 

(18)  The applicant alleged in its request for review that Tape grade does not fall within the 
scope  of  the  product  concerned  as  defined  in  the  original  Regulation  because  it  is 

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made  of  pre-coloured  yarns  and  therefore  corresponds  to  the  product  described  in 
recital (17) above. The applicant also explained that it had been consistently declaring 
its imports of Tape grade originating in the PRC under the CN code 5407 53 00, even 
before  the  imposition  of  anti-dumping  measures  in  2005.As  regards  this  claim,  it 
should  be  noted  that  an  anti-dumping  Regulation  like  the  present  one  is  not  the 
appropriate  legal  instrument  to  decide  under  which  CN  code  particular  shipments 
should have been classified. That is primarily a question for the national authorities, if 
necessary  using  a  binding  tariff  information  and/or  with  the  help  of  a  request  for  a 
preliminary ruling by the Court of Justice of the European Communities. Nevertheless, 
if none of the products imported by the applicant can possibly be covered by the anti-
dumping  duty  imposed  by  the  original  Regulation,  this  review  investigation  would 
appear  to  have  no  practical  sense.  The  investigation  revealed  in  this  regard  that  the 
Tape  grade  is  made  of  pre-coloured  yarns  but  that  these  yarns  are  not  of  different 
colour and that no apparent pattern is created by weaving these yarns. Therefore, for 
the  purpose  of  this  investigation  it  is  considered  that  Tape  grade  is  distinguishable 
from the product described in recital (17) above. 

(19)  Subsequent  to  the  final  disclosure,  the  applicant  claimed  that  Tape  grade  should  be 
considered  as  made  of  yarns  of  different  colours,  because  the  carbon  which  is  not 
homogeneously  melted  in  the  polyester  yarn,  creates  shades  of  black  colour  in  the 
yarn.  The  applicant  justifies  this  claim  by  a  reference  to  the  subheading  notes  to 
Section XI of Part two in Annex I of Council Regulation (EC) No 2658/87 on the tariff 
and  statistical  nomenclature  and  on  the  Common  Customs  Tariff5,  in  which  the 
definition of woven fabric of yarns of different colours includes woven fabric which 
consists of yarns of different shades of the same colour and by reference to opinions of 
independent experts. 

(20) 

(21) 

In reply to this claim, it is recalled that this Regulation does not aim at defining under 
which  CN  code  imports  of  Tape  grade  should  be  declared.  Therefore  this  claim  was 
considered irrelevant for the purposes of this investigation since as mentioned above 
questions  regarding  customs  classifications  are  primarily  for  the  competent  national 
authorities.  

In  its  request  for  review,  the  applicant  also  claimed  that  at  the  initiation  and  at  the 
provisional  stage,  the  original  investigation  focused  on  PFF  for  apparel  applications 
only,  and  that  only  these  types  of  fabrics  were  supposed  to  be  included  in  the 
definition  of  the  product  concerned  and  targeted  by  the  anti-dumping  measures.  The 
applicant  also  maintained  that  the  product  scope  of  the  original  investigation  was 
expanded only in the original Regulation imposing definitive anti-dumping measures 
to cover all types of uses. It further claimed that Tape grade is used for a very specific 
application by the automotive industry and should therefore not be considered as being 
part of the product concerned. 

(22)  As  regards  this  claim,  it  is  noted  that  the  notice  of  initiation  of  the  original 
investigation6 made reference to PFF 'normally used for apparel applications' and not 
to  PFF  exclusively  used  for  apparel  applications.  This  means  that  there  has  been  no 
expansion  of  the  product  concerned  between  initiation  and  imposition  of  definitive 

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Annex I of Council Regulation (EEC) No 2658/87 of 23 July 1987, OJ L 256, 07.09.1987, p. 1. 
OJ C 160, 17.06.2004, p. 5. 

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measures,  as  alleged  by  the  applicant.  Moreover,  apart  from  a  clarification  on  the 
product scope regarding the inclusion of 'dyed white' PFF, there is no other difference 
between  the  product  concerned  as  defined  in  Regulation  (EC)  No  426/20057  ('the 
provisional Regulation') and the definitive Regulation of the original investigation (i.e. 
the  original  Regulation).  In  both  Regulations  neither  the  operative  part  (Article  1 
paragraph  1)  nor  the  text  (recitals)  regarding  the  definition  of  the  product  concerned 
exclude  PFF  imported  for  a  specific  end-use  from  the  duty.  In  the  provisional 
Regulation,  especially  its  recital  (11),  first  sentence,  the  product  concerned  is 
described in terms of its physical characteristics. Again, it is merely stated that PFF are 
"normally" used for apparel applications, without this being in any way a condition for 
them to be covered by the investigation and/or the (provisional) duty. Later, in view of 
numerous  possible  applications  that  were  discovered  in  the  course  of  the  original 
investigation, such as furniture or home decoration, it was explicitly recalled, in recital 
(6)  of  the  original  Regulation,  that  all  PFF  were  covered  by  the  product  definition, 
regardless of their final use. Therefore, Tape grade and all other PFF, including PFF 
for automotive applications, were included in the definition of the product concerned 
in the original investigation.  

(23)  The applicant also claimed, along similar lines as the arguments described above, that 
it  could  not  properly  exercise  its  right  of  defence  in  the  original  investigation  as  the 
scope of the product concerned was enlarged between provisional and definitive stage 
while  no  specific  information  concerning  this  change  was  sent  to  possible  interested 
parties. The applicant claimed that this was the reason why neither the applicant nor its 
Chinese supplier cooperated in the original investigation.  

(24) 

It is recalled that, as mentioned in recital (22), the product definition was not expanded 
during the original investigation, as other possible uses than apparel were considered 
already  as  from  the  initiation  stage.  Moreover,  the  applicant  is  an  experienced 
commercial  importer  which  cooperated  in  other  anti-dumping  investigations  and  is 
therefore  well aware of the procedures and information sources (such as the Official 
Journal) regarding these investigations. In this context, it is also important to note that, 
as  shown  in  recitals  (9)  and  (10)  of  the  original  Regulation,  subsequent  to  the 
publication  of  the  provisional  Regulation,  several  interested  parties  raised  claims 
against the imposition of measures on PFF for non-apparel applications (e.g. furniture, 
home  decoration,  umbrellas).  This  shows  that  interested  parties  understood  that  the 
investigation was never restricted to PFF used for apparel applications. In view of the 
above, the claim had to be rejected.  

(25)  Subsequent to the final disclosure, the applicant further claimed that it had submitted 
comments  in  the  course  of  the  original  investigation  and  that  in  parallel  it  had  also 
actively  discussed  the  case  with  a  number  of  textile  associations  involved  in  that 
investigation. According to the applicant, at no time was there any indication from the 
Commission that Tape grade fabric might fall within the scope of the investigation or 
the measures. 

(26) 

It is first noted that, it is clear that the applicant was fully aware of the existence of the 
original investigation. Moreover, as explained above, that investigation did cover PFF 
from  the  very  beginning.  The  applicant  also  did  not  bring  any  evidence  that  the 

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OJ L 69, 16.03.2005, p. 6. 

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Commission ever excluded Tape grade from the scope of the original investigation or 
that  any  party  ever  suggested  to  it  to  do  so.  Indeed,  the  comments  submitted  by  the 
applicant  during  the  original  investigation  concerned  general  Community  interest 
aspects  of  the  proceeding  and  issues  related  to  the  possible  inclusion  of  bleached  or 
unbleached  fabrics  in  the  scope  of  the  anti-dumping  measures.  It  may  be  that  the 
applicant  did  not  regard  itself  concerned  by  the  original  investigation  as  regards  its 
Tape grade imports. If that was indeed the case, it would appear to be due to the fact 
that the applicant was declaring its imports of Tape Grade under CN code 5407 53 00, 
a  code  not  targeted  by  the  original  investigation.  However,  the  scope  of  an 
investigation  is  not  limited  by  the  fact  that  one  operator  may  have  declared  goods 
which fall within that scope under an incorrect CN code. On this basis the claim of the 
applicant had to be rejected. 

(27) 

In view of the above, it is confirmed that imports of Tape grade originating from the 
PRC fall within the scope of the measures described in the original Regulation. 

4.2. 

Comparison between Tape grade and other types of PFF 

(28) 

In  order  to  examine  whether  Tape  grade  and  the  other  types  of  PFF  form  a  single 
product, Tape grade and other types of PFF were compared in terms of basic physical, 
technical and/or chemical characteristics. Other subsidiary criteria such as production 
process, prices, end-uses and interchangeability were also examined. 

4.2.1.  Physical and technical characteristics of Tape grade  

(29)  The investigation showed that the yarns used to prepare the threads before weaving the 
Tape  grade  contain  a  small  proportion  of  carbon  (under  3%).  To  produce  this  yarn, 
chips containing carbon are melted with chips of pure polyester, and the melt is forced 
through  small  holes  to  produce  black  filaments.  Those  filaments  are  then  spun  into 
black yarns.  

(30)  The addition of carbon in the raw material confers to the Tape grade a black colouring 
that  resists  various  discolouring  treatments,  whether  chemical  (washing  in  soap  or 
dipping  in  a  solvent  bath)  or  mechanical  (dry  or  wet  rubbing).  The  use  of  this  raw 
material also lowers the tensile strength of the Tape grade fabric as compared to other 
types of PFF made of the same number of threads. 

(31)  The applicant claimed that Tape grade could be further distinguished from other types 
of PFF as its lower tensile strength allows it to be torn by hand. This property of Tape 
grade  is  a  specific  requirement  from  the  automotive  industry  so  that  workers  can 
quickly cut the adhesive tape when preparing the insulated cables.  

(32)  However, a Community producer of Tape grade is currently producing another type of 
Tape  grade,  also  used  by  the  automotive  industry,  that  cannot  be  torn  by  hand.  This 
fabric is also made of carbon-doped yarns but the proportion of carbon in the yarn is 
lower  than  for  Tape  grade  produced  by  the  cooperating  Chinese  exporting  producer 
and  imported  by  the  applicant.  This  production  activity  and  the  specifications  of  the 
product  sold by  the Community producer were observed during the verification visit 
by the Commission. It was also found that other types of PFF can also be torn by hand 
if  the  number  of  threads  in  the  fabric  is  low.  Therefore  this  property  could  not  be 
considered as a genuine characteristic of Tape grade as opposed to other types of PFF 

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or a characteristic which would allow excluding Tape grade from the definition of the 
product concerned. The same applies for the comparison on tensile strength. 

(33)  Subsequent  to  the  final  disclosure  the  applicant  insisted  that  Tape  grade  has  a 
measurably  lower  tensile  strength  than  PFF,  as  the  tensile  strength  of  Tape  grade  is 
20%  lower  than  the  tensile  strength  of  PFF  with  identical  yarn  counts.  It 
acknowledged  that  PFF  with  a  low  yarn  count  can  be  hand  torn,  but  that  it  may  not 
anymore be suitable for glue coating as the glue would soak through the fabric due to 
lower density. 

(34)  As regards this claim, it is noted that, during the investigation no interested party could 
identify  a  clear  and  objective  threshold  as  regards  the  tensile  strength  so  that  Tape 
grade can be distinguished from other types of PFF, and not only from PFF with the 
same yarn count. Moreover, the investigation has found that Tape Grade with a higher 
tensile  strength  can  be  produced  depending  on  the  specifications  requested  by  the 
customers of this product. Finally, no absolute thresholds for the tensile strength and 
for the density under which the glue would soak through the fabric were provided by 
the applicant. Therefore these claims had to be rejected. 

(35)  As  regards  the  nature  of  the  raw  material  used  in  Tape  grade,  it  is  noted  that  the 
proportion  of  carbon  in  the  yarn  is  very  low:  from  1%  to  3%  according  to  the  Tape 
grade  products  examined  during  the  investigation.  The  investigation  further  showed 
that it is not possible to measure the exact proportion of carbon once the yarn has been 
prepared. Therefore, it is very difficult to detect the carbon content in the fabric. This 
was also confirmed by the applicant in its comments submitted subsequent to the final 
disclosure. 

(36)  Concerning the colour of Tape grade, it is first specified that, contrary to allegations 
from the applicant that Tape grade can only be black, the finished Tape grade fabric 
can be either black or greyish depending on the proportion of carbon in the yarn. It is 
stressed  that  PFF  dyed  in  a  black  or  greyish  colour  after  weaving  look  exactly  like 
Tape grade and that these different types are not distinguishable to the naked eye. 

(37)  As  regards  the  colour  resistance  of  Tape  grade,  it  is  acknowledged  that  Tape  grade 
fabric  resists  discolouring  treatments,  but  it  was  also  found  during  the  investigation 
that  PFF  made  of  pre-coloured  yarn  can  also  be  colour  resistant.  Furthermore,  no 
measurable  threshold  could  be  identified  in  the  course  of  the  investigation  to 
distinguish between fabrics considered as discolouring and fabrics considered as non-
discolouring,  especially  as  regards  PFF  made  of  pre-dyed  yarns.  Indeed,  it  is  noted 
that,  according  to  the  subheading  notes  to  Section  XI  of  Part  two  in  Annex  I  of 
Council Regulation (EC) No 2658/87 on the tariff and statistical nomenclature and on 
the  Common  Customs  Tariff,  the  definition  of  'dyed  woven  fabrics'  includes  woven 
fabrics which consist of coloured yarns of a single uniform colour. According to the 
same document, the definition of 'coloured yarn' includes yarns which are dyed in the 
mass  other  than  white.  Therefore  colour  resistance  cannot  be  considered  as  a  major 
difference between Tape grade and other types of PFF. 

(38)  Subsequent  to  the  final  disclosure,  the  applicant  provided  a  report  from  a  technical 
institute specialized in textile and chemical products, aiming at proving that the colour 
resistance of Tape grade was a genuine characteristic of Tape grade. This report was 
based on the so-called Baumgarte method that consists of dipping the fabric into a bath 

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of  solvent  such  as  chlorobenzol.  Tape  grade  fabrics  will  keep  its  black  colour  after 
such a test, while PFF dyed black in surface would discolour and the bath would retain 
the colour. 

(39) 

In  this  regard,  after  reviewing  the  different  reports  provided  by  the  applicant  in  the 
course  of  the  investigation,  it  is  noted  that  the  experts  distinguish  two  ways  to  dye 
PFF: either by dipping the yarn or the fabric itself in a colour bath (dyeing in surface) 
or  by  melting  the  colour  within  the  polyester  when  the  yarn  is  made  (dyeing  in  the 
mass).  The  methodology  proposed  in  the  various  reports  enables  to  distinguish  PFF 
dyed  black  in  the  mass  from  other  black  dyed  PFF  dyed  in  surface.  However,  these 
reports have not demonstrated that Tape grade is the only possible type of PFF dyed 
black in the mass. Therefore, the reports provided no means to distinguish Tape grade 
from PFF made of yarns dyed black in the mass. These reports even confirmed that the 
PFF  dyed  in  the  mass  would  also  resist  the  discolouring  test  with  solvent.  As  a 
consequence, the solvent resistance cannot be considered as a genuine characteristic of 
Tape grade as compared to other PFF, and this claim had to be rejected. 

(40) 

In view of the above, it was concluded that, in spite of some differences, there are no 
physical,  technical  and/or  chemical  characteristics  which  would  allow  for  clearly 
distinguishing Tape grade from other types of PFF. 

4.2.2.  Production process 

(41)  The  investigation  showed  that  the  same  production  facilities  can  be  used  to  produce 
Tape grade and other types of PFF since the same looms are used to weave all types of 
PFF and the finishing process is generally subcontracted for Tape grade as well as for 
other types of PFF. As a matter of fact, all producers of Tape grade visited during the 
investigation produce both Tape grade and other types of PFF.  

(42)  The  investigation  showed  however  that  there  are  some  differences  between  the 
finishing of Tape grade and that of other types of PFF. As Tape grade will ultimately 
be  coated  with  glue,  it  is  flattened  on  one  side  before  being  sold  so  that  the  glue 
coating will stick only on the non-flattened side (the so-called 'calendering' process). 
Furthermore,  Tape  grade  does  not  need  dyeing  or  printing  to  get  its  black  colour 
contrary  to  other  dyed  types  of  PFF.  However,  there  is  a  large  variety  of  possible 
finishing among the other types of PFF as well and all those types were nevertheless 
considered as a single product in the original investigation.  

(43)  Subsequent  to  the  final  disclosure,  the  applicant  claimed  that  common  production 
facilities were no basis for a finding that PFF woven from pre-dyed yarns should be 
considered as a single product. 

(44)  As regards this claim, it is recalled, as mentioned in recital (31), that the main basis to 
determine whether Tape grade and other types of PFF should be considered as a single 
product  or  two  different  products  are  indeed  the  physical,  technical  and/or  chemical 
characteristics  of  the  products.  However,  other  subsidiary  criteria  such  as  the 
production  process  and  the  interchangeability  between  the  various  product  types  can 
be  examined.  It  is  also  noted  in  respect  of  this  claim  that  the  purpose  of  this 
investigation is not to examine whether PFF woven from pre-dyed yarns are part of the 
product  concerned,  but  more  specifically  whether  Tape  grade  is  part  of  the  product 
concerned. On this basis, the claim has to be rejected.  

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(45)  The applicant further claimed that there are differences in the production process as a 
different raw material is used and no further dyeing or printing is needed to produce 
Tape grade, as compared to other types of PFF.  

(46)  As  regards  this  claim  concerning  the  difference  in  the  raw  material,  it  is  already 
acknowledged  in  recital  (29)  above  that  the  raw  material  used  for  Tape  grade  is 
slightly different from other pre-dyed yarns used to weave PFF, as it contains a small 
proportion on carbon. However, it is recalled that all parties, including the applicant, 
agreed  that  it  is  impossible  to  measure  the  carbon  content  in  the  final  fabric,  so  this 
slightly different raw material cannot be detected in the final product. Therefore this 
claim had to be rejected.  

(47)  The applicant also claimed that the absence of dyeing or printing was previously used 
to exclude the so-called grey fabrics from the scope of the measures, and so the same 
should apply to Tape grade. 

(48)  As  regards  this  claim  concerning  the  absence  of  any  dyeing  or  printing  stage  in  the 
production  process  of  finished  Tape  grade,  it  is  noted  that  the  same  applies  to  PFF 
made  of  pre-dyed  yarns  and  that  PFF  made  of  pre-dyed  yarns  is  part  of  the  product 
concerned. Grey fabric was indeed considered a different product than PFF but Tape 
grade cannot be considered as grey fabric as  several finishing operations are applied 
after  weaving,  such  as  calendering  (explained  in  recital  (42)  and  stentering  (heating 
operation  aiming  at  preventing  shrinkage  of  the  fabric)  and  also  deseizing  (washing 
operation  to  eliminate  the  strengthening  agent  put  on  the  yarn  before  weaving). 
Therefore this claim had to be rejected.  

(49) 

In view of the above, it is concluded that the production process of Tape grade is very 
similar to the production process of other types of PFF. 

4.2.3.  Price differences 

(50)  According to verified information collected during the investigation, there is no clear 
price  difference  between  Tape  grade  and a  black  piece-dyed  PFF:  the  higher  cost  of 
raw material used for Tape grade seems to be compensated by the absence of cost for 
dyeing  or  printing.  Therefore,  and  contrary  to  the  allegation  of  the  applicant  in  its 
request for a review, Tape grade cannot be considered as a high value added product 
compared to other types of PFF. 

4.2.4.  End-uses and interchangeability 

(51) 

It  is  acknowledged  that  Tape  grade  is  mainly  used  to  produce  adhesive  tape  for  the 
insulation of cables in the automotive industry.  Tape  grade  is  quite  common  for  this 
type of use, as confirmed by the catalogues of the major producers of adhesive tape for 
automotive  applications  in  the  Community.  Other  types  of  PFF  can  also  be  used  to 
produce  coloured  adhesive  tape  for  the  automotive  industry,  but  for  a  different 
application, i.e. marking.  

(52)  However,  at  least  another  possible  use  for  Tape  grade  was  observed  during  the 
investigation:  Tape  grade  can  be  silver  coated  to  make  opaque  window  shutters  for 
mobile-homes  and  the  investigation  has  established  that  sales  of  Tape  grade  for  this 
specific application are currently taking place. It is recalled that PFF can be used for 

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many types of applications other than apparel, including blackout curtain fabric, bags, 
upholstery,  office  furniture,  etc  as  demonstrated  by  public  available  information.  In 
addition,  one  interested  party  claimed  that  the  Tape  grade  could  be  used  for  apparel 
applications, e.g. to make lining. Moreover, in view of the low cooperation from Tape 
grade  producers  in  the  PRC,  it  cannot  be  excluded  that  other  possible  uses  of  Tape 
grade may exist.  

(53) 

It should also be noted that the technical characteristics of Tape grade allow it to be 
used  as  upholstery  of  seats,  which  make  it  interchangeable  with  other  types  of  PFF 
used for such application and subject to the anti-dumping measures. 

(54)  Subsequent  to  the  final  disclosure,  the  applicant  claimed  that  the  characteristics  of 
Tape  grade  are  tailored  for  a  specific  use  in  the  automotive  industry  and  that  the 
packaging in industrial jumbo rolls of 3 500 metres makes it a purely technical product 
not suitable for use in the apparel industry, where only up to 100 metre long rolls can 
be handled. The applicant further claimed that silver coated fabrics do not fall within 
the scope of the anti-dumping measures imposed on PFF and therefore should not be 
compared with Tape grade in the framework of this product scope review.  

(55)  As regards this claim, it has already been acknowledged in recital (51) that the main 
use of Tape grade that was observed during the investigation was for the insulation of 
cables in the automotive industry. However, at least another use was observed during 
the investigation, i.e. silver coating of Tape grade to make window shutters for mobile 
homes.  Indeed,  as  the  applicant  claimed,  silver  coated  fabrics  do  not  fall  within  the 
scope  of  the  anti-dumping  measures  imposed  on  PFF  in  the  same  way  that  adhesive 
tape  does  not  fall  within  the  scope  of  these  measures  since  they  are  both  end-use 
products of Tape grade. Tape grade fabric is in both cases the input material to make 
window shutters (once silver coated) or adhesive tape (once glue coated) and therefore 
it  is  confirmed  that  there  is  at  least  one  other  possible  use  of  Tape  grade  than 
insulation  of  cables  in  the  automotive  industry.  As  regards  the  claim  concerning  the 
packaging  of  Tape  grade,  it  is  noted  that  it  is  also  possible  to  make  smaller  rolls  of 
Tape  grade,  would  another  final  use  than  the  automotive  industry  be  targeted. 
Therefore these claims had to be rejected. 

(56)  The applicant further challenged the possibility to use Tape grade for lining purpose, 
and suggested to consult an independent textile institute in this respect. It challenged 
in the same way the possibility to use Tape grade for upholstery of seats because of its 
low  tensile  strength  and  the  fact  it  would  increase  the  sweat  of  the  person  sitting  on 
such seat. 

(57) 

It  is  noted  that  since  only  contradictory  allegations  could  be  provided  by  interested 
parties on the possibility to use Tape grade for lining or for upholstery purposes, the 
fact  that  Tape  grade  could  be  used  for  apparel  purposes  was  not  sufficiently 
demonstrated.  However,  it  remains  that  at  least  another  use  of  Tape  grade  was 
observed,  i.e.  silver-coated  window  shutters.  It  is  reminded  that  the  anti-dumping 
measures imposed after the original investigation cover PFF intended for all types of 
use and not only apparel purposes. Therefore the claim had to be rejected. 

(58) 

In  view  of  the  above,  it  is  concluded  that  Tape  grade  and  other  types  of  PFF  are  at 
least partially interchangeable.  

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4.2.5.  Conclusion  

(59) 

In view of the above findings, it is considered that any differences between Tape grade 
and the other types of PFF are not such as to lead to the conclusion that Tape grade is 
a  different  product  with  clearly  distinguishable  basic  physical,  technical  and/or 
chemical characteristics. It has thus to be concluded that Tape grade and other types of 
PFF constitute a single product within the meaning of the basic Regulation. 

5. 

OTHER COMMENTS  

(60)  Certain parties claimed that the examination of injury and of Community interest were 
not  properly  done  for  Tape  grade  in  the  original  investigation,  as  no  Community 
producer of Tape grade was detected at that time and because the automotive industry 
was  not  given  an  opportunity  to  react  to  the  proposal  to  impose  measures  on  Tape 
grade. 

(61) 

In response to this claim regarding the scope of the original investigation, it is noted 
that it was not demonstrated that there was no Community producer of Tape grade in 
the Community and that it cannot be excluded that Tape grade was investigated in the 
original investigation without being identified as such. In any case, it is stressed that 
measures  can  be  imposed  on  a  product  even  if  not  all  subtypes  of  the  product  have 
been investigated separately.  

(62)  As regards the current investigation, it is recalled that the purpose of this investigation 
is to assess whether Tape grade should be considered as a different product than other 
types  of  PFF  and  not  to  conduct  an  assessment  of  injury  caused  to  the  Community 
industry  or  to  carry  out  a  Community  interest  assessment.  However,  it  should  be 
stressed that the investigation revealed that there is at least one Community producer 
of  Tape  grade  supplying  the  market  since  2008  and  which  has  been  involved  in  the 
production process of unfinished Tape grade for many years. There was also at least 
one  other  company  involved  in  the  production  of  unfinished  Tape  Grade  during  the 
period considered in the Community. It should also be noted that in the course of the 
present  investigation  the  automotive  industry  (European  Automobile  Manufacturers 
Association) was contacted and declared it was not an interested party. Therefore this 
claim had to be rejected. 

6. 

CONCLUSIONS ON THE PRODUCT SCOPE  

(63)  The above findings show that, despite certain differences, Tape grade and other types 
of  product  under  measures  share  the  same  basic  physical,  technical  and  chemical 
characteristics.  Moreover,  it  could  not  be  demonstrated  that  Tape  grade  had  a  single 
possible use and that Tape grade and other types of product under measures were not 
interchangeable. On this basis, it is concluded that Tape grade and other types of PFF 
should be considered as one single product and that the partial interim review of the 
anti-dumping  measures  applicable  to  imports  of  certain  finished  polyester  filament 
fabrics  originating  in  the  People’s  Republic  of  China  should  be  terminated  without 
amending the anti-dumping measures in force.  

(64)  All  interested  parties  were  informed  of  the  essential  facts  and  considerations  on  the 
basis  of  which  the  above  conclusions  were  reached.  Parties  were  granted  a  period 
within which they could make representations subsequent to this disclosure.  

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(65)  The oral and written comments submitted by the parties were considered, but have not 
changed the conclusions not to amend the product scope of the anti-dumping measures 
on imports of PFF in force.  

HAS ADOPTED THIS REGULATION: 

Article 1 

The  partial  interim  review  of  the  anti-dumping  measures  applicable  to  imports  of  certain 
finished  polyester  filament  fabrics  originating  in  the  People’s  Republic  of  China  is  hereby 
terminated without amending the anti-dumping measures in force. 

This  Regulation  shall  enter  into  force  on  the  day  following  that  of  its  publication  in  the 
Official Journal of the European Union. 

Article 2 

This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at Brussels, […] 

For the Council 
The President 
[…] 

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